Brown v. Pforr
California Supreme Court
Appeal from the District Court of the Fourth District, City and County of San Francisco. The defendant appealed. At the request of the plaintiffs, the Court instructed the jury as follows: First. —“Unless there he an express agreement to the contrary, the commission of a broker is due as soon as he finds a party Avilling and able to purchase property placed in his hands for sale, and who agrees to purchase the same on the terms named.
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Appeal from the District Court of the Fourth District, City and County of San Francisco. The defendant appealed. At the request of the plaintiffs, the Court instructed the jury as follows: First. —“Unless there he an express agreement to the contrary, the commission of a broker is due as soon as he finds a party Avilling and able to purchase property placed in his hands for sale, and who agrees to purchase the same on the terms named. If the jury, therefore, find that Brown & Bumrill procured or found any person who was willing and able to purchase the property at the price and within the…
1Opinion of the CourtSanderson, J.
The plaintiffs are brokers, and sue upon a contract with the defendant, by which he agreed to pay them the sum of 1750, if they would" find, within one month from the date of the contract, a purchaser for a certain parcel of real estate belonging to him, willing and able to buy, at the price of $65,000, and allege performance, which they proved at the trial. The defendant admits the contract, as alleged, but avers that he revoked the agency of the plaintiffs before they had found a purchaser, and proved it at the trial. The Court instructed the jury to the effect that, in view of the fact…
2Cited by14 opinions
- Houston v. WilliamsCalifornia Court of Appeal · 1921
- Roth v. MoellerCalifornia Supreme Court · 1921
- Ropes v. John Rosenfeld's SonsCalifornia Supreme Court · 1905
- Atlantic Coast Realty Co. v. TownsendSupreme Court of Virginia · 1919
- Flanagan v. BrownCalifornia Supreme Court · 1886
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